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Professional Ethics in Criminal Justice : Being Ethical When No One Is Looking

Professional Ethics in Criminal Justice : Being Ethical When No One Is Looking

Summary

A well balanced survey of ethics presented through applications to the criminal justice system. The text introduces the reader to ethical decision making in the first chapter and then moves through each of the three ethical perspectives utilized. The text then moves to the social context where ethics and the law are compared before dealing with the three components of the criminal justice systempolice, courts, and corrections. The penultimate chapter questions whether unethical behavior should have liabilities attached to it, and the final chapter looks to the future development of ethics in everyday life.

Table of Contents

Preface

xiii

Acknowledgments

xvii

About the Author

xix

1 Recognizing Ethical Decisions: Ethics and Critical Thinking

1

(10)

What Are Ethics and What Is Ethical?

2

(1)

To What Types of Things or Beings Should We Limit the Discussion of Ethics?

2

(1)

What Is the Difference between Morals and Ethics?

3

(1)

What Are Values?

3

(1)

Why Is Critical Thinking Fundamental to Ethics?

4

(1)

ETHICS CHECKUP: Too Much Nintendo

5

(1)

Can Morality Be Taught?

5

(1)

What Is Moral Relativism?

6

(1)

How Can We Choose What to Believe and How to Act Ethically?

7

(1)

Critical Thinking Exercises

8

(3)

1.1 Teenagers and Drug Sniffing Dogs

9

(1)

1.2 Sentenced to the Newspaper

9

(1)

1.3 Brewing Up a Storm

10

(1)

2 Virtue Ethics: Seeking the Good

11

(15)

The Roles of Socrates and Plato

12

(1)

Nicomachean Ethics of Aristotle

13

(1)

A Hierarchy of Goods

13

(1)

The Ultimate Good

14

(1)

Stoicism and Hedonism

15

(1)

ETHICS CHECKUP: ATM Trouble

16

(1)

Moral Virtue

16

(1)

Achieving Moral Virtue

17

(2)

The Habit of Moral Virtue

19

(2)

Evaluating Ethical Dilemmas

21

(1)

Critical Thinking Exercises

22

(4)

2.1 A Parole Fugitive at Princeton

23

(1)

2.2 Good Performance, but Forged Transcripts

23

(1)

2.3 Presidential Exit Ethics

23

(3)

3 Formalism: Carrying Out Obligation and Duty

26

(10)

Kantian Ethics

27

(1)

The Categorical Imperative

28

(1)

The Practical Imperative

29

(2)

ETHICS CHECKUP: Punishment for Lying

30

(1)

Lying and Criticisms

31

(1)

Comparing Formalism and Virtue Ethics

31

(2)

Critical Thinking Exercises

33

(3)

3.1 Lying to the Sick and Dying

33

(1)

3.2 Lies of Public Officials

34

(1)

3.3 Is a Good Deed Required?

34

(2)

4 Utilitarianism: Measuring Consequences

36

(11)

John Stuart Mill

37

(1)

Pain, Pleasure, and Happiness

38

(1)

Motivation versus Consequences

39

(1)

ETHICS CHECKUP: Martha Stewart an Example?

40

(1)

Criticisms of Utilitarianism

40

(1)

Summarizing Ethical Theories

41

(2)

Critical Thinking Exercises

43

(4)

4.1 A Flexible Expense Account

43

(1)

4.2 The Bad Samaritan

44

(1)

4.3 The Ring of Gyges

44

(3)

5 Crime and Law: Which Behaviors Ought to Be Crimes?

47

(21)

The Outer Limits of Morality

48

(1)

Choosing What to Criminalize

49

(3)

Violating Law on Moral Grounds

52

(1)

ETHICS CHECKUP: Beeper Ban

52

(1)

The Ethics of Criminals

53

(1)

An Ethical Explanation of Crime

54

(7)

Ethics Laws

61

(2)

Critical Thinking Exercises

63

(5)

5.1 A Boat Ride with Some Close Friends

64

(1)

5.2 It Fell Off a Truck

65

(1)

5.3 Prostitution: Simply a Business?

65

(3)

6 Police: How Should the Law Be Enforced?

68

(24)

The Scope of Police Decisions

69

(1)

Investigation and Surveillance

69

(2)

Curtailing Liberty: Stop and Frisk

71

(3)

Placing in Custody: Arrest and Search

74

(3)

Police Corruption

77

(5)

ETHICS CHECKUP: Dirty Harry

81

(1)

Questioning: Interrogation of Suspects

82

(2)

Lies in Court

84

(1)

Codes of Ethics

85

(2)

Critical Thinking Exercises

87

(5)

6.1 Suicide by Cop

87

(1)

6.2 Abusive Speed Traps

88

(1)

6.3 The Informants among Us

89

(3)

7 Courts: How Ought a Case Be Adjudicated?

92

(16)

Doing Justice

94

(1)

Prosecutor Misconduct

95

(1)

Defense Misconduct

96

(2)

Issues at Trial

98

(2)

ETHICS CHECKUP: Justice versus Mercy

99

(1)

Deciding Cases without Trial

100

(1)

Judicial Decisions

101

(2)

Critical Thinking Exercises

103

(5)

7.1 Butt Charge

104

(1)

7.2 Attorney Confidentiality of a Client's Criminal Plans?

104

(1)

7.3 A Judge's Relations

105

(3)

8 Punishment and Corrections: What Should Be Done with Offenders?

108

(15)

The Ethics of Punishment

109

(1)

The Problems of Sentencing

110

(2)

ETHICS CHECKUP: Punishment by Electric Shock

111

(1)

Corporal Punishment

112

(1)

Innovative Penalties

113

(1)

Capital Punishment

114

(2)

Life Imprisonment More Severe Than Death?

116

(3)

Critical Thinking Exercises

119

(4)

8.1 Ethics of Sniping and Negotiating

119

(1)

8.2 Ethics and Mandatory Minimums

120

(1)

8.3 Lawyer-Assisted Suicide

120

(3)

9 Liability: What Should Be the Consequence of Unethical Conduct?

123

(16)

Civil Remedies for Ethical Misconduct

124

(2)

Individual Misconduct

126

(3)

ETHICS CHECKUP: Employee E-Mail Surveillance

129

(1)

Corporate Misconduct

129

(3)

Government Misconduct

132

(2)

Critical Thinking Exercises

134

(6)

9.1 The Scarlet Driver's License

135

(1)

9.2 Paying for Legislative Results?

135

(1)

9.3 Would You Do It for $1 Million?

136

(3)

10 The Future: Will We Be More or Less Ethical?

139

(11)

Recognizing Ethical Decisions When They Arise

140

(1)

Is the Bar Rising?

141

(2)

Finding Defining Moments in Life

143

(1)

ETHICS CHECKUP: A Bathrobe Bonus

144

(1)

Being Ethical When No One Is Looking

144

(2)

Critical Thinking Exercises

146

(4)

10.1 Both Sides of Genetic Testing

146

(1)

10.2 Transplant or Prosecute?

147

(1)

10.3 A Marriage Proposal

147

Major Criminal Justice Codes of Conduct

Appendix A International Association of Chiefs of Police (IACP) Law Enforcement Code of Ethics

150

(1)

Appendix B Federal Bureau of Investigation (FBI) Core Values

151

(1)

Appendix C Judicial Conference of the United States Code of Conduct

152

(2)

Appendix D American Correctional Association Code of Ethics

154

(2)

Appendix E United Nations Code of Conduct for Law Enforcement Officials